[§ 1, Ord. 399, as amended by Ord. 486, eff. March 26, 1966]
For the purposes of this chapter, certain words and phrases used herein are defined as follows:
(a) 
AMUSEMENT MACHINE – Shall mean and include all machines in which there shall be inserted money for the operation or use of such machine for pleasure or amusement.
(b) 
BUSINESS – Shall mean and include professions, trades, and occupations and each and every kind of calling, whether or not carried on for profit.
(c) 
ENTERTAINMENT – Shall mean and include performances, games, or events of every kind and description, whether live or mechanical, which are used for the pleasure or amusement of customers, except radios, television receivers, juke boxes, and similar devices.
(d) 
OUTSIDE SERVICE – Shall mean and include service which is either rendered or received on public property, provides merchandise likely to be consumed on other than the vendor's or vendee's private property, or uses public property at any time to consummate the transaction.
(e) 
PERSON – Shall mean and include all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, Massachusetts business or common law trusts, societies, and individuals transacting and carrying on any business in the City other than as an employee.
(f) 
RENTAL UNIT – Shall mean and include a room, apartment, house, cottage, or other housing or rooming facility.
(g) 
VENDING OR SERVICE MACHINE – Shall mean and include all machines in which there shall be inserted money for merchandise or services.
[§ 2, Ord. 399, as amended by Ord. 486, eff. March 26, 1966; § 9, Ord. 931-96, eff. September 19, 1996]
Pursuant to the City's authority under Government Code § 37101, the provisions of this chapter are enacted for both regulatory and revenue purposes. Where any provision makes reference to a business license tax or tax certificate, such provisions are enacted solely to raise revenue for municipal purposes and are not intended for regulation.
[§ 5, Ord. 399, as amended by Ord. 486, eff. March 26, 1966; § 9, Ord. 931-96, eff. September 19, 1996; Ord. No. 1203-21, eff. January 6, 2022]
No person shall commence or carry on, either directly or indirectly, any business, profession, occupation or calling for which a business license and/or tax certificate is required by this chapter, without first having obtained and maintained in good standing such business license and/or tax certificate. Each day that a business, profession, trade or calling is commenced or carried on without such license or tax certificate shall constitute a separate violation of this Code. The use of signs, circulars, cars, telephone books, newspapers and other forms of advertisement to hold out, or represent that a person is conducting business in the City, or when any person holds an active license or permit by a governmental agency indicating that a person is conducting business in the City shall constitute prima facie evidence that such person is conducting business in the City. This section shall not apply to family day care facilities, as that term is defined by Health and Safety Code section 1596.78 and as may be amended from time to time.
[§ 9, Ord. 931-96, eff. September 19, 1996]
Licenses and certificates issued under the provisions of this chapter shall not be construed as authorizing anyone to conduct any illegal or unlawful activity or business.
[§ 6, Ord. 399, as amended by Ord. 486, eff. March 26, 1966; and § 1, Ord. 549, eff. January 1, 1972]
A separate license shall be obtained for each branch establishment or location of the business transacted and carried on and for each separate type of business at the same location. Each such license shall authorize the licensee to transact and carry on only the business licensed thereby at the location or in the manner designated in such license; provided, however, warehouses and distributing plants used in connection with, and incidental to, a business licensed pursuant to the provisions of this chapter shall not be deemed to be separate places of business or branch establishments, and a vending machine located in a licensed establishment shall not be deemed to be a separate place of business if the owner of the machine is licensed; provided further, however, where a license is issued authorizing a person to transact and carry on a business at a particular place, such licenses may, upon application therefor and the payment of a fee in the amount of $6.25, have the license amended to authorize the transacting and carrying on of such business under such license at some other location to which the business has been or is to be moved.
[§ 13, Ord. 399, as amended by Ord. 486, eff. March 26, 1966; and § 2, Ord. 549, eff. January 1, 1972; § 9, Ord. 931-96, eff. September 19, 1996]
A duplicate license or tax certificate may be issued by the Finance Director to replace any license or certificate previously issued which has been lost or destroyed upon the licensee filing a statement attesting to such fact and on payment of a duplicate license fee in an amount set by resolution of the City Council.
[§ 14, Ord. 399, as amended by Ord. 486, eff. March 26, 1966]
All licenses shall be kept and posted in the following manner:
(a) 
Any licensee transacting and carrying on business at a fixed place of business in the City shall keep the license posted in a conspicuous place upon the premises where such business is carried on.
(b) 
Any licensee transacting and carrying on business but not operating at a fixed place of business in the City shall keep the license upon his person at all times while transacting and carrying on such business.
[§ 18, Ord. 399, as amended by Ord. 486, eff. March 26, 1966; § 9, Ord. 931-96, eff. September 19, 1996]
It shall be the duty of the Finance Director or his authorized representative to enforce each of the provisions of this chapter, including the collection of business taxes, penalties and interest. The Director of Finance shall be responsible for the issuance of all licenses and certificates provided for in this chapter, and for the proper processing of all applications and registrants. The Director of Finance may make rules and regulations consistent with the provisions of this chapter as he deems necessary or desirable to aid in its administration and enforcement.
[§ 9, Ord. 931-96, eff. September 19, 1996]
Whenever the words "Director of Finance" appear in this chapter they shall mean and include any Deputy Director of Finance and any other person authorized or appointed by the Finance Director to act in his place and stead in the performance of any duty imposed by this chapter. For the purpose of enforcing this chapter, the Director of Finance, with the approval of the City Manager, may deputize qualified accountants to examine the books and records of any person doing business or reasonably thought to be doing business within the City. Any member of the law enforcement agency of the City of Avalon shall also have all of the powers conferred on the Director of Finance for the purposes of enforcing the provisions of this chapter. The failure of any person to cooperate or to promptly disclose such information, or to exhibit to and allow examination by the Director of Finance, any deputized accountant or the City Attorney, at reasonable times and places, of such books and records as are required and reasonably necessary to ascertain compliance with this chapter shall constitute a violation of this Code, punishable as a misdemeanor.
[§ 10, Ord. 399, as amended by Ord. 486, eff. March 26, 1966; § 9, Ord. 931-96, eff. September 19, 1996]
In addition to other powers conferred herein, the Finance Director shall have the power to:
(a) 
Extend the time of filing any application, statement or registration not to exceed 30 days for good cause shown;
(b) 
Waive any penalty that would otherwise accrue; and, with the approval of the City Attorney, to compromise any claim for permit fee, taxes or penalties under the provisions of this chapter;
(c) 
Pursuant to Penal Code § 11105, access and utilize State summary criminal history information when needed to assist him in fulfilling licensing duties as specified herein.
[§ 8, Ord. 399, as amended by Ord. 486, eff. March 26, 1966; § 9, Ord. 931-96, eff. September 19, 1996]
Except as otherwise required in §§ 3-1.120 and 3-1.121, applications for a business license required by this chapter shall be signed and verified by the applicant and shall set forth the following:
(a) 
The name, address, telephone and facsimile number, if any, of the applicant.
(b) 
The name and address, telephone and facsimile number, if any, of the applicant's employer, if applicable. If the application is filed on behalf of a partnership, corporation or association, the applicant shall provide the names and addresses of the partners or principal officers and designate the name, address, telephone and facsimile number, if any, of the person authorized to accept service of process for the entity.
(c) 
The nature of the business for which a license is requested.
(d) 
The place(s) where the business is to be conducted.
(e) 
A brief description of the nature and amount of equipment to be used in the business.
(f) 
Personal identification information for the applicant, including, but not limited to, date of birth, social security number, a copy of a driver's license or identification card.
[§ 9, Ord. 931-96, eff. September 19, 1996; § 1, Ord. 1000-01, eff. November 15, 2001]
The fee for filing, processing of business license applications, issuance of business licenses, issuance of business license renewals, conducting on-site inspections of business premises and collecting taxes associated with such applications shall be set by resolution of the City Council. The fee shall be payable in advance and shall be in addition to any tax imposed by this chapter.
[§ 9, Ord. 931-96, eff. September 19, 1996]
The Director of Finance shall have the power and authority to hear and conduct proceedings for the granting and issuance of all licenses required by this chapter, and to revoke or suspend any licenses issued, subject to the limitations contained herein. The decision of the Director of Finance shall be final unless a timely appeal is taken to the City Council. The Director of Finance shall be governed by the following procedures:
(a) 
License Application and Hearing. The Director of Finance shall formulate all necessary rules and regulations governing the license application and investigation thereof. The Director of Finance shall require reports from the City's law enforcement agency and other City departments and officials concerning the effect of granting the license on the public health, safety and welfare. Any applicant shall be entitled to a hearing before the Director of Finance and to reasonable notice of the time and place of any hearing, and may be represented by counsel and present all pertinent and relevant information pertaining to the application and to be heard and to call witnesses on his behalf. The hearing may be continued from time to time as determined necessary by the Director of Finance or upon request of the applicant upon good cause being shown. The Director of Finance shall be required to conduct a hearing only when he makes an initial determination to deny the application.
(b) 
Issuance of Permits. The Director of Finance shall have the power to grant licenses required by this chapter only when all necessary clearances have been obtained from law enforcement and other involved City departments and officials, and where he has received no evidence indicating that the public health, safety or welfare or the purposes of this chapter will be injured by the granting of such license. In the event any of the foregoing exist, the Director of Finance shall hold a hearing as provided in subsection (a) above, before taking action on the application.
[§ 9, Ord. 931-96, eff. September 19, 1996]
Except as otherwise provided in this chapter, the Director of Finance, after investigation of the veracity of the information contained on the application and the proposed business, may grant or deny the license. The Director of Finance may deny the license when he determines that the conduct of the business will be contrary to the preservation of the public peace, health, safety or welfare of the City or its residents and visitors. No license shall be granted if:
(a) 
The granting of the license would result in the establishment of the use or occupancy of land in violation of the City's Zoning and Planning laws or any other provision of this Code.
(b) 
The granting of the license would result in the creation or maintenance of a public nuisance.
(c) 
The applicant has knowingly made a false statement on a material matter in the application or in testimony at any hearing on the application, and it is therefore in the public interest that the license not be granted.
In granting any license, the Director of Finance may, in the application of the standards stated herein and in order to protect the public health, safety and welfare, impose reasonable conditions pertaining to the conduct of the business licensed, in addition to, but not limited by, the regulations contained in this chapter.
[§ 9, Ord. 399, as amended by Ord. 486, eff. March 26, 1966; § 9, Ord. 931-96, eff. September 19, 1996]
In all cases where the Director of Finance denies the license application, he shall notify the applicant within 10 days, in writing, either personally or by mail, of the denial and the reasons therefor. The applicant may appeal such denial to the City Council provided such appeal is served on the City, personally or by mail, within 15 days of the date of the written notice of denial and payment of an appeal fee in an amount to be set by resolution of the City Council. The City Council shall follow the procedures set forth in § 3-1.116 in conducting a hearing on the appeal.
[§ 9, Ord. 931-96, eff. September 19, 1996; amended 11-28-2023 by Ord. No. 1215-23, eff. December 28, 2023]
Any license issued under this Chapter may be revoked or suspended where:
(a) 
The licensee has violated any provision of the Avalon Municipal Code, state or federal laws or regulations;
(b) 
Where a license has been granted on false or fraudulent evidence, testimony or application; or
(c) 
Where the licensee has violated the terms and conditions of the license, including but not limited to the timely payment of business license taxes required by this chapter.
All matters pertaining to revocation or suspension shall be referred by the Director of Finance to the City Council, with a written statement of the reasons for the proposed revocation or suspension. The City Council shall give reasonable notice to the licensee to appear before the City Council at a time and place set for the hearing, to show cause why the license shall not be revoked or suspended. The notice shall state the grounds for the complaint or reasons for the proposed revocation or suspension in clear and concise language. The notice shall be served upon the licensee personally or by mail not less than 10 and not more than 20 days prior to the hearing date. At the hearing, the licensee shall be given the opportunity to appear personally or through counsel, to be heard, to defend the charges and to call witnesses. Upon good cause shown, the licensee shall be entitled to a continuance until the next meeting of the City Council. After conducting such hearing, the City Council may revoke, suspend for a stated time period, or reinstate any license upon such terms and conditions as in the exercise of sound discretion is determined to be appropriate. The decision of the City Council shall be final and conclusive.
[§ 9, Ord. 931-96, eff. September 19, 1996]
A license may be suspended prior to a hearing thereon where the Director of Finance receives a written, detailed recommendation from the City's law enforcement agency or it appears to the City Council that the preservation of the public health, safety, welfare or peace warrant immediate suspension.
Within 24 hours of such suspension, the Director of Finance shall serve the licensee personally or by express mail or facsimile written notice of the reasons for the suspension and of the time and place of a hearing to show cause. A hearing on revocation or continued suspension shall be held not later than 15 days following the service of such notice.
[§ 9, Ord. 931-96, eff. September 19, 1996]
No person whose license has been revoked or suspended shall engage in or carry on the business during the period of suspension or after revocation until a new license shall have been granted. Violations of this provision shall be punishable as a misdemeanor.
[§ 9, Ord. 931-96, eff. September 19, 1996]
Any notice required to be given under this chapter may be given either personally to the licensee or to any employee at the place of business if the licensee is absent from the place of business, or by depositing the notice with the United States Postal Service in a sealed envelope, postage prepaid, addressed to the person listed in the application. Service shall be deemed to be completed at the time of deposit. Proof of giving service may be made by affidavit of any officer or employee of the City or law enforcement personnel, showing service in conformity with this chapter.
[§ 11, Ord. 399, as amended by Ord. 486, eff. March 26, 1966; § 3, Ord. 549, eff. January 1, 1972; § 9, Ord. 931-96, eff. September 19, 1996]
No license issued under this chapter shall be transferable except on completion of a license application by the transferee and the consent of the Director of Finance. The denial of a transfer shall be appealable to the City Council using the procedures set forth in § 3-1.115.
[§ 9, Ord. 931-96, eff. September 19, 1996]
It is the intention of the City Council to provide a special licensing procedure for those businesses enumerated in § 3-1.122. The omission to enumerate other businesses and activities covered in other sections of this Code that require licenses, permits or franchises, shall not be deemed or construed to relieve such businesses or activities from the procedures and requirements governed by other sections of this chapter, this Code or State law.
[§ 9, Ord. 931-96, eff. September 19, 1996; § 1, Ord. 1134-14, eff. December 4, 2014]
It shall be unlawful to conduct the following businesses without each person proposing to engage in such activities having a special license to conduct same issued pursuant to the provisions of this section:
Carnivals, circuses, public exhibitions, or other similar businesses.
(a) 
Filing of Application. Every person and all employees desiring to conduct or engage in these activities shall file an application and the applicable fee with the Director of Finance at least 60 days prior to conducting such business upon a form provided by the Director of Finance, specifying:
(1) 
The name, address, telephone and facsimile number, if any, of the applicant;
(2) 
The address of the proposed location for the conduct of the business;
(3) 
A statement of convictions for violations of law by any owner, operator or employee, excluding minor traffic violations;
(4) 
Two copies of an identifying photograph of any owner, operator and employee of the proposed business, taken within two years of the application for submission to the City's law enforcement agency;
(5) 
Submission to fingerprinting by the City's law enforcement agency of any owner, operator and employee of the proposed business;
(6) 
The full address and approximate dates when the applicant, owner, operator and employees of the proposed business practiced a similar business, either alone or in conjunction with others;
(7) 
Such other and further information as the Director of Finance may find necessary to process the application.
(b) 
Investigation. The Director of Finance shall make or cause to be made an investigation in order to verify the facts contained in the application or supporting data. The results of the investigation and the application form shall be submitted to the City Council, which shall conduct a hearing on the application in accordance with the procedures set forth in § 3-1.116.
(c) 
Issuance or Denial of License. Within 30 days of the conclusion of the hearing, the City Council shall approve issuance of the license, conditioned upon the posting by the applicant with the Director of Finance of a surety bond in the principal sum of $100,000 issued by a surety authorized to do surety business in California and approved by the City Attorney, to insure good faith and fair dealing on the part of the applicant and as a guarantee of indemnity for any and all loss, damage, or injury suffered by any patron of the applicant during the term of the special license, if it finds:
(1) 
The information contained in the application is accurate and complete;
(2) 
No owner, operator or employee has been convicted by a final judgment in a Court of competent jurisdiction of an offense involving moral turpitude. The City Council may disregard conviction information if it determines, in its discretion, that mitigating circumstances exist based upon consideration of the following factors:
a. 
The nature of the business for which the license is issued, and whether such business or similar business is related to the conviction;
b. 
The nature and seriousness of the offense;
c. 
The circumstances surrounding the offense;
d. 
The length of time elapsed since the offense and conviction;
e. 
The age of the person at the time of the conviction;
f. 
The presence or absence of rehabilitation or efforts at rehabilitation.
(3) 
No information has been adduced at the hearing which would require the City Council to deny the permit based on considerations of the public health, safety and welfare.
In granting any license, the City Council may, in the application of the standards stated herein and in order to protect the public health, safety and welfare, impose reasonable conditions pertaining to the conduct of the business licensed, in addition to, but not limited by, the regulations contained in this chapter.
[§ 9, Ord. 931-96, eff. September 19, 1996]
Licenses issued pursuant to this chapter shall be renewed annually on or before January 1 of each year. The purpose of the annual renewal is to determine compliance with the provisions of this Code and any terms or conditions of a license issued under this article. The Director of Finance may, in the sound exercise of discretion, renew licenses without conducting an investigation upon the applicant's verification of the continuing validity of all information submitted for initial issuance of the license, without payment of additional processing fees.